Commentary

80 Substantial performance

BUILDING AND ENGINEERING vol 5
| Commentary

80 Substantial performance

| Commentary

80 Substantial performance

Even where a contract is ‘entire’ in the sense described above, the courts lean against a construction which would deprive the contractor of any payment at all simply because there are some defects or omissions1. In the absence of clear words, a contractor who substantially performs the contract work will be entitled to payment for it, subject to an abatement of the contract price to take account of defects or omissions2. A contractor will be entitled to recover for its services unless:

  1. 80.1

        the work that was done was of no benefit

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